HomeMy WebLinkAboutExhibit 12OL
Manuel A. Diaz,
Mayor
Project
Angel Gonzalez,
District 1
City •
Marc Sarnoff,
► xJxxx
District 2
Joe Sanchez,
District 3'
Tomas Regalado,
District 4
; Q
Michelle Spence -Jones,
District 5
Welcorr
Pedro G. Hernandez,
City Manager
Miami F
EI1%C
101.1'RWO
II
Attachment B
INSURANCE REQUIREMENTS ASSOCIATED WITH RENOVATION
AND REHABILITATION WORK PERFORMED BY A GENERAL
CONTRACTOR ON BEHALF OF NOT FOR PROFIT AGENCIES (CD
PROJECTS UNDER $200,000)
Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $300,000
General Aggregate Limit $600,000
Products/Completed Operations $300,000
Personal and Advertising Injury $300,000
B. Endorsements Required
City of Miami and agency included as an Additional Insured
Independent Contractors Coverage
Explosion, Collapse and Underground Hazard
Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Scheduled, Hired and Non Owned Autos
Any One Accident $300,000
B. Endorsements Required
City of Miami and agency included as an Additional Insured
IIl. Worker's Compensation
Limits of Liability
Statutory -State of Florida
IV. Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident.
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
VII. Payment & Performance Bond (IF APPLICABLE)
VIII Builders' Risk (IF APPLICABLE)
Causes of Loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost
Deductible: $2,500 All other Perils
5% Wind/Hail
City of Miami and Agency as an additional insured
A. Limit- at Site Cost of the Project
B. Coverage Extensions:
• Materials, supplies and similar property owned by others for
which you are responsible.
• Full coverage up to policy limits for equipment breakdown.
• Temporary storage/transit coverage.
• Full coverage up to policy limits for site preparation, re -
excavation, re-preparation and re -grade in the event of a loss.
• Fences, scaffolding, construction forms coverage and signs.
• Valuable papers coverage for blueprints, site plans and similar
documents.
• Trees, shrubs, sod, plants while at premises.
• Flood, including inundation, rain, seepage and water damage.
• Earthquake.
• Business Interruption.
• Subsidence.
• New ordinance or law; reimbursement for any resulting loss of
value to the undamaged portion, and required demolition.
expenses, including construction necessary to repair, rebuild or
re -construct damaged parts.
• Escalation clause in the event of a total loss up to 5% of policy
limit.
• Temporary structures, cribbing and false work built or erected at
construction site.
• Unintentional errors and omissions in reporting clause.
• Full coverage up to policy limits for testing including physical
loss caused by pneumatic and hydrostatic testing.
• Debris Removal.
The above policies shall provide the City of Miami with written notice of
cancellation or material change from the insurer not less than thirty (30) days
prior to any such cancellation or material change.
Companies authorized to do business in the State of Florida with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A" as to management and no less than
"Class V" as to financial strength by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey or its equivalent. All
policies and/or certificates of insurance are subject to review and verification by
Risk Management prior to insurance approval.
ATTACHMENT "C"
WORK AUTHORIZATION FORM
I, , legal owner(s) of the property located at:
Miami, Florida 331 give
permission to rehabilitate the exterior of my property. I further agree that the City of
Miami and /or Rafael Hernandez Housing and Economic Development Corp. will not be
responsible for any damages resulting from said rehabilitation.
I have received a copy of the Program Guidelines (Exhibit E- Section 13) and
agree to sign a five (5) year Declaration of Restrictive Covenant with the City of Miami,
prior to the commencement of work. I further agree that, for the duration of the
Covenant, I will not raise the tenant's rent.
WITNESS SIGNATURE
WITNESS NAME (PRINT)
WITNESS ADDRESS
PROPERTY OWNER'S SIGNATURE
PROPERTY OWNER'S NAME
CITY, STATE, ZIP DATE
ATTACHMENT D
Federal Labor Standard Provisions
The time sensitive dates and the language for the Federal Labor Standards
Provisions are as follows.-
1)
ollows:
1) All provisions of the Federal Labor Standards Provisions HUD Form 4010
and the Applicable Wage* Decision must be incorporated in the bid
packages, construction contracts, and subcontracts, and must be adhered
to.
2) Ten days before bid opening, the CD Department must be contacted to
ensure the applicable Wage Rate is being used and to "lock in" the Wage
Rate for the project. The "Lock in" period is for ten days before bid
opening. If the Bid is not opened within the ten days "Lock In" period then
CD must be consulted again to inquire which Wage Rate is still applicable.
3) After the bid is opened, a contract must be executed with the contractor
within 90 days in order for the Wage Rate that was issued at Bid opening
to be applicable. If a contract is not executed within 90 days, then the
Wage Rate that is current at the time of contract execution will be the
applicable Wage Rate for the Project.
4) After contract award, a meeting should be held with the contractor and
others involved entities to explain the Federal Labor Standards Provisions.
* Applicable Wage Rate to be provided by CD once scope of project is
provided and approved.
ATTACHMENT D
Section 3
24 CFR Part 135 - at 135.38. This clause must be included in all Section 3 covered
contracts. The contractor and subcontractors (where applicable) will be bound by its
provisions.
a) The work to be performed under this contract is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701u (Section 3). The purpose of Section 3 is to ensure that the employment and
other economic opportunities generated by HUD assistance of HUD -assisted
projects covered by Section 3, shall, to the greatest extent feasible, be directed to
low and very low income persons, particularly persons who are recipients of HUD
assistance for housing.
b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part
135, which implement Section 3. As evidenced by their execution of this contract,
the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
c) The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or worker's
representative of the contractor's commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
d) The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section 3
clause, upon a finding that the subcontractor is in violation of the regulations in 24
CFR Part 135. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation
of the regulations in 24 CFR Part 135.
e) The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed; and (2) with persons other than those to whom the regulations of 24 CFR
Part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR part 135.
fl Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
g) With respect to work performed in connection with Section 3 covered Indian housing
assistance, Section 7(b) of the Indian Self -Determination and Education Assistance
ATTACHMENT D
Act (25 U.S.C. 450e) also applies to the work to be performed under this contract.
Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian -owned Economic Enterprises Parties to this contract that
are subject to the provisions of Section 3 and Section 7(b) agree to comply with
Section 3 to the maximum extent feasible, but not in derogation of compliance with
Section 7(b).
Federal Labor Standards Provisions U.S. Department of Housing Attachment D
and Urban Development
Applicability
The Project or Program to which the construction work covered by
this contract pertains is being assisted by the United States of America
and the fonowing Federal Labor Standards Provisions are included in
this Contract pursuant to the provisions applicable to such Federal
assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics employed
or working upon the site of the work (or under the United States Hous-
ing Act of 1937 or under the Housing Act of 1949 in the construction
or development of the project), will be paid unconditionally and not
less often than once a week, and without subsequent deduction or re-
bate on any account (except such payroll deductions as are permitted
by regulations issued by the Secretary of Labor under the Copeland
Act (29 CFR Part 3), the full amount of wages and bona fide fringe
benefits (or cash equivalents thereof@ due at time of payment com-
puted at rates not less than those contained in the wage determination
of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be al-
leged to exist between the contractor and such laborers and mechan-
ics. Contributions made or costs reasonably anticipated for bona fide
fringe benefits under Section l(b)(2) of the Davis -Bacon Act on be.
half of laborers or mechanics are considered wages paid to such la-
borers or mechanics, subject to the provisions of 29 CFR-5.5(a)(I)(iv);
also, regular contributions made or costs incurred for more than a
weekly period (but not less often than quarterly) under plans, funds,
or programs, which cover the particular weekly period, are deemed to
be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of
work actually performed, without regard to skill, except as provided
in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified
for each classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the time spent
in each classification in which work is performed. The wage determi-
nation (including any additional classification and wage rates con-
formed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster
(WH -132I) shall be posted at all times by the contractor and its sub-
contractors at the site of the work in a prominent and accessible, place
where it can be easily seen by the workers.
(ii) (a) Any class of laborers or mechanics which is not listed in the
wage determination and which is to be employed under the contract
shall be classified in conformance with the wage determination. HUD
shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction in-
dustry; and
(3) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the wage
determination.
(b) If the contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives, and HUD or
its designee agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of
the action taken shall be sent by HUD or its designee to the Adminis-
trator of the Wage and Hour Division, Employment Standards Admin-
istration, U.S. Department of Labor, Washington, D.C. 20210. The
Administrator, or an authorized representative, will approve, modify,
or disapprove every additional classification action within 30 days of
receipt and so advise HUD or its designee or will notify HUD or its
designee within the 30 -day period that additional time is necessary.
(Approved by the Office of Management and Budget under OMB con-
trol number 1215-0140.)
(c) In the event the contractor, the laborers or mechanics to be em-
ployed in the classification or their representatives, and HUD or its
designee do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropri-
ate), HUD or its designee shall refer the questions, including the views
of all interested parties and the recommendation of HUD or its desig-
nee, to the Administrator for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days
of receipt and so advise HUD or its designee or will notify HUD or its
designee within the 30 -day period that additional time is necessary.
(Approved by the Office of Management and Budget under OMB Con-
trol Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate) de-
termined pursuant to subparagraphs (1)(b) or (c) of this paragraph,
shall be paid to all workers performing work in the classification un-
der this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for
a class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefit
as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other
third person, the contractor may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated
in providing bona fide fringe benefits under a plan or program, Pro-
vided, That the Secretary of Labor has found, upon the written re-
quest of the contractor, that the applicable standards of the Davis -
Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program. (Approved by the Office of
Management and Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or
upon written request of an authorized representative of the Depart-
ment of Labor withhold or cause to be withheld from the contractor
under this contract or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract subject to Davis -
Bacon prevailing wage requirements, which is held by the same prime
contractor so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including ap-
prentices, trainees and helpers, employed by the contractor or any
subcontractor the full amount of wages required by the contract In the
event of failure to pay any laborer or mechanic, including any appren-
tice, trainee or helper, employed or working on the site of the work
(or under the United States Housing Act of 1937 or under the Housing
Act of 1949 in the construction or development of the project), all or
part of the wages required by the contract, HUD or its designee may,
after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations
form HUD -4010 (2184)
Previous edition is obsolete Page 1 of 4 ref. Handbook 1344.1
have ceased. HUD or its designee may, after written notice to the
contractor, disburse such amounts withheld for and on account of the
contractor or subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such disbursements in
the case of direct Davis -Bacon Act contracts.
3. (i) Payrolls and basic records. Payrolls and basic records relat-
ing thereto shall be maintained by the contractor during the course of
the work preserved for a period of three years thereafter for all labor-
ers and mechanics working at the site of the work (or under the United
States Housing Act of 1937. or under the Housing Act of 1949, in the
construction or development of the project). Such records shall con-
tain the name, address, and social security number of each such worker,
his or her correct classification, hourly rates of wages paid (including
rates of contributions or costs anticipated for bona fide fringe ben-
efits or cash equivalents thereof of the types described in Section
1(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Sec-
retary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages
of any laborer or mechanic include the amount of any costs reason-
ably anticipated in providing benefits under a plan or program de-
scribed in Section l(b)(2)(B) of the Davis -Bacon Act, the contractor
shall maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show
the costs anticipated or the actual cost incurred in providing such ben-
efits. Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of ap-
prenticeship programs and certification of trainee programs, the reg-
istration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs. (Approved by the Office of
Management and Budget under OM B Control Numbers 1215-0140
and 1215-0017.)
(ii) (a) The contractor shall submit weekly for each week in which
any contract work is performed a copy of all payrolls to HUD or its
designee if the agency is a party to the contract, but if the agency is
not such a party, the contractor will submit the payrolls to the appli-
cant sponsor, or owner, as the case may be, for transmission to HUD
or its designee. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under 29
CFR Part 5.5(a)(3)(i). This information may be submitted in any form
desired. Optional Form WH -347 is available for this purpose and
may be purchased from the Superintendent of Documents (Federal
Stock Number 029-005-00014-1), U.S. Government Printing Office,
Washington, DC. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. (Approved by
the Off ice of Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the contractor or subcontractor or his or her
agent who pays or supervises the payment of the persons employed
under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that
such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice,
and trainee) employed on the contract during the payroll period has
been paid the full weekly wages earned, without rebate, either di-
rectly or indirectly, and that no deductions have been made either
directly or indirectly from the full wages earned, other than permis-
sible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the
classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(c) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH -347 shall satisfy the
requirement for submission of the "Statement of Compliance" required
by paragraph A.3.(ii)(b) of this section.
(d) The falsification of any of the above certifications may subject
the contractor or subcontractor to civil or criminal prosecution under
Section 1001 of Title 18 and Section 231 of Title 31 of the United
States Code.
(iii) The contractor or subcontractor shall make the records required
under paragraph A.3.(i) of this section available for inspection, copy-
ing, or transcription by authorized representatives of HUD or its des-
ignee or the Department of Labor, and shall permit such representa-
tives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to
make them available, HUD or its designee may, after written notice to
the contractor, sponsor, applicant or owner, take such action as may
be necessary to cause the suspension of any further payment advance,
or guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may be grounds
for debarment action pursuant to 29 CFR Part 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than
the predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide ap-
prenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprenticeship
and Training, or with a State Apprenticeship Agency recognized by
the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who
has been certified by the Bureau of Apprenticeship and Training or a
State Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the contractor as to the
entire work force under the registered program. Any worker listed on
a payroll at an apprentice wage rate, who is not registered or other-
wise employed as stated above, shall be paid not less than the appli-
cable wage rate on the wage determination for the classification of
work actually performed. In addition, any apprentice performing work
on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. Where a con-
tractor is performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage rates (ex-
pressed in percentages of the journeyman's hourly rate) specified in
the contractor's or subcontractor's registered program shall be ob-
served. Every apprentice must be paid at not less than the rate speci-
fied in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified in
the applicable wage determination. Apprentices shall be paid fringe
benefits in accordance with the provisions of the apprenticeship pro-
gram. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on
the wage determination for the applicable classification. If the Ad-
ministrator determines that a different practice prevails for the appli-
cable apprentice classification, fringes shall be paid in accordance
form HUD -4010 (2/84)
Previous edition is obsolete Page 2 of 4 ref. Handbook 1344.1
with that determination. In the event the Bureau of Apprenticeship
and Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship program, the con-
tractor will no longer be permitted to utilize apprentices at less than
the applicable predetermined rate for the work performed until an
acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not
be permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant %to and individually
registered in a program which has received prior approval, evidenced
by formal certification by the U.S. Department of Labor, Employ-
ment and Training Administration. The ratio of trainees to journey-
men on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved
program for the trainee's level of progress, expressed as a percentage
of the journeyman hourly rate specified in the applicable wage deter-
mination. Trainees shall be paid fringe benefits in accordance with
the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the Administrator of
the Wage and Hour Division determines that there is an apprentice-
ship program associated with the corresponding journeyman wage rate
on the wage determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan approved
by the Employment and Training Administration shall be paid not less
than the applicable wage rate on the wage determination for the work
actually performed. In addition, any trainee performing work on the
job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage deter-
mination for the work actually performed. In the event the Employ-
ment and Training Administration withdraws approval of a training
program, the contractor will no longer be permitted to utilize trainees
at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of appren-
tices, trainees and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The contractor
shall comply with the requirements of 29 CFR Part 3 which are incor-
porated by reference in this contract
6. Subcontracts. The contractor or subcontractor will insert in any
subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10)
and such other clauses as HUD or its designee may by appropriate
instructions require, and also( a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime con-
tractor shall be responsible for the compliance by any subcontractor
or lower tier subcontractor with ail the contract clauses in 29 CFR
Part 5.5.
7. Contract termination; debarment. A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the contract
and for debarment as a contractor and a subcontractor as provided in
29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act Requirements. All
rulings and interpretations of the Davis -Bacon and Related Acts con-
tained in 29 CFR Parts 1, 3, and 5 are herein incorporated by refer-
ence in this contract
9. Disputes concerning labor standards. Disputes arising out of
the labor standards provisions of this contract shall not be subject to
the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of La-
bor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning
of this clause include disputes between the contractor (or any of its
subcontractors) and HUD or its designee, the U.S. Department of La-
bor, or the employees or their representatives.
10. (i) Certification of Eligibility. By entering into this contract
the contractor certifies that neither it (nor he or she) not any person or
firm who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of Section
3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded
HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
(ii) No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of Sec-
tion 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded
HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
(iii) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001. Additionally, U -S. Criminal Code,
Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration
transactions", provides in part: "Whoever, for the purpose of ... in-
fluencing in any way the action of such Administration..... makes,
utters or publishes any statement knowing the same to be false.....
shall be fined not more than $5,000 or imprisoned not more than two
years, or both"
11. Complaints, Proceedings, or Testimony by Employees. No
laborer or mechanic to whom the wage, salary, or other labor stan-
dards provisions of this Contract are applicable shall be discharged or
in any other manner discriminated against by the Contractor or any
subcontractor because such employee has filed any complaint or in-
stituted or caused to be instituted any proceeding or has testified or is
about to testify in any proceeding under or relating to the labor stan-
dards applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. As used in
this paragraph, the terms "laborers" and "mechanics" include watch-
men and guards.
(1) Overtime requirements. No contractor or subcontractor con-
tracting for any part of the contract work which may require or in-
volve the employment of laborers or mechanics shall require or per-
mit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of eight hours in any
calendar day or in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one
and one-half times the basic rate of pay for all hours worked in excess
of eight hours in any calendar day or in excess of forty hours in such
workweek, whichever is greater.
(2) Violation; liability for unpaid wages; liquidated damages, In
the event of any violation of the clause set forth in subparagraph (1)
of this paragraph, the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such con-
tractor and subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia or a
territory, to such District or to such territory), for liquidated dam-
ages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in subparagraph (1) of
this paragraph, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of eight hours
or in excess of the standard workweek of forty hours without payment
of the overtime wages required by the clause set forth in sub para-
graph (1) of this paragraph.
form HUD -4010 (2184)
Previous edition is obsolete Page 3 of 4 ref. Handbook 1344.1
I
r—
(3) Withholding for unpaid wages and liquidated damages. HUD
or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause
to be withheld, from any moneys payable on account of work per-
formed by the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract, or any other
Federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act which is held by the same prime contractor such
sums as may be determined to be necessary to satisfy any liabilities
of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in subparagraph (2) of this
paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in subparagraph (1) through (4) of
this paragraph and also a clause requiring the subcontractors to in-
clude these clauses in any lower tier subcontracts. The prime con-
tractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in subparagraphs
(1) through (4) of this paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings —
or under working conditions which are unsanitary, hazardous, or dan-
gerous to his health and safety as determined under construction safety
and health standards promulgated by the Secretary of Labor by regu-
lation.
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 151
9) and failure to comply may result in imposition of sanctions pursu-
ant to the Contract Work Hours and Safety Standards Act (Public Law
91-54, 83 Stat 96). —
(3) The Contractor shall include the provisions of this Article in ev-
ery subcontract so that such provisions will be binding on each sub-
contractor, The Contractor shall take such action with respect to any
subcontract as the Secretary of Housing and Urban Development or —
the Secretary of Labor shall direct as a means of enforcing such pro-
visions.
form HUD -4010 (2/84)
Previous edition is obsolete Page 4 of 4 ref. Handbook 1344.1
ATTACHMENT D
City of Miami
SECTION 3 ECONOMIC OPPORTUNITY PLAN QUESTIONS
The Section 3 Economic Opportunity Plan must describe the proposed strategies
for achieving the Section 3 training and employment numerical goals, and
subcontracting numerical goals (where subcontracting is allowable in the Bid.)
Please review the information below, and provide your responses on separate
paper. (A Section 3 Economic Opportunity Plan Instruction Sheet is attached to
further assist you in developing your responses to the information requested
below.)
1. Identify individual(s) responsible for planning, implementing and tracking the
projects' Section 3 training and employment goals. Describe their prior
experience in this area.
2. Describe efforts (contractor and subcontractor) to be taken to recruit, solicit,
encourage, facilitate, and hire public housing and other low-income persons.
Identify any private or public resources that will be used.
3. Describe contractor's activities to be taken for recruiting, soliciting,
encouraging, facilitating and selecting Section 3 subcontractors, where
applicable.
4. Describe plans to structure project activities in ways that create opportunities
for Section 3 firms' participation, where applicable.
YOUR RESPONSES TO QUESTIONS 1-4 WILL CONSTITUTE
YOUR PLAN;
PLEASE ATTACH YOUR PLAN DOCUMENT AND
ALSO INCLUDE THE FOLLOWING INFOMATION ON YOUR
PLAN:
(1)COMPANY NAME
2 YOUR NAME AND PHONE NUMBER
(3) BID NUMBER AND NAME.
ATTACHMENT D
SAMPLE PLAN QUESTIONS
PLEASE RE -TYPE YOUR OWN FIRM's PLAN ON YOUR FIRM STATIONERY
FIRM NAME, ADDRESS, TELEPHONE AND FAX NUMBER
Question #1
Identify individuals responsible for planning, implementing, and tracking the
Project's Section 3 training and employment goals. Describe their prior
experience in this area.
The individual responsible for planning, implementing and tracking the project's
Section 3 training and employment goals is John Doe, President (or the
appropriate title of this individual), of name of firm (hereafter referred to as
"Contractor"). He (or she) will obtain all pertinent information to become
thoroughly familiar and ensure contract compliance with the HUD Section 3
Regulation. John Doe has worked on construction (or service, whichever is
applicable) projects, and is qualified to administer contractor's Section 3
Economic Opportunity Plan (Plan.)
Question #2
Describe efforts (contractor and subcontractor) to be taken to recruit, solicit,
encourage, facilitate and hire public housing and other low-income persons.
Identify any private or public resources that will be used.
Contractor will take the following steps to recruit, solicit, encourage, facilitate and
hire public housing and other low-income persons, in the event any vacancies
occur throughout the duration of the project:
1. Meet with resident associations and managers at the public housing site
where work is to take place, first, and second, at other public housing sites.
2. Schedule a time and place for public housing residents to complete job
applications.
3. Develop a list of "pre -qualified" Section 3 public housing and other low-
income residents who could fill job vacancies that may later become
available.
4. Contract MDHA, at (305) 644-5277 for employment referrals.
ATTACHMENT D
5. Contact YWCA at (305) 377-9922, Ext. 204, or Fax (305) 373-9922 for HUD
Youthbuild employment referrals.
6. Send notices about Section 3 training and employment obligations and
opportunities required for this project to labor organizations.
7. Establish a training program to provide public residents and other low income
residents with the opportunity to learn basic skills and job requirements.
8. Advertise in major and community newspapers and on job sites for workers
who meet the definition of a Section 3 resident.
Contractor will establish files to record and retain written documentation of all
training and employment outreach efforts and resources from agency
representatives and job applicants.
Question #3
(ONLY APPLICABLE TO FIRMS THAT SUBCONTRACT)
Describe the contractor's activities to be taken for recruiting, soliciting,
encouraging, facilitating and selecting Section 3 subcontractors, where
applicable.
• Firm Name Page 2 of 3
Contractor will take all feasible measures to recruit, solicit, encourage, facilitate,
and select qualified Section 3 business subcontracting firms to perform at least
10% of the project award amount (contract sum) for each City of Miami project for
which Contractor is the successful bidder.
Contractor will request the organizations, listed below, to provide lists of firms,
organized by trade category that can perform required project work (in addition to
these organizations, Contractor may also contact other organizations that provide
such listings):
1. Miami -Dade County Department of Business Development
2. Contractor's Resource Center
3. Small Business Administration
4. Minority Business Development Center
Contractor understands that, in addition to awarding work to qualified Section 3
businesses, it is our responsibility to:
Use the contractor's or firm's solicitation letter to advertise to the "greatest
extent feasible" to all firms on lists provided to us by the City of Miami and
ATTACHMENT D
other organizations about the type of work needed to complete each City of
Miami project;
2. Advise firms of Contractor's obligation to seek and award work to qualified
Section 3 businesses, where feasible;
3, Clarify the definition of a Section 3 resident and business;
4. Explain how to qualify as a Section 3 business in order to be eligible to
receive a preference from Contractor when subcontractor work is to be
awarded; and
5. Provide Section 3 certified firms that are qualified to perform work with an
opportunity to submit price quotations for City of Miami project work, and
where financially feasible, hire such firms as subcontractors.
Documentation of Outreach to find Eligible Section 3 Subcontracting Firms
1. Contractor will establish files to record and retain written documentation of
all outreach efforts and responses received from organizations and
subcontractors who are contacted.
2. Contractor will fax the City of Miami Solicitation Letter to all firms that these
organizations identify, based on each category of work required for each
project.
3. Contractor will provide City of Miami with copies of its facsimile receipts to
each of the organizations listed in its Plan and their responses.
4. Contractor will provide City of Miami with copies of its facsimile receipts and
responses received from every firm that is faxed for each City of Miami
project.
5. Contractor will provide City of Miami with an outreach close-out letter for
each project awarded that refers to an attached outreach summary report. If
Contractor is unable to meet City of Miami requirement to contract at least
10% of the award amount to Section 3 businesses, Contractor will include
in its close-out letter an explanation as to why this requirement was not met.
6. The outreach summary report, referred to in No. 5, above, will list all
contacts made to each organization or association, the individual firms
subsequently contacted, categorized by trade, and the bid amount or other
type of responses received from each firm (similar to the sample outreach
summary report attached to Contractor's Plan.)
ATTACHMENT D
7. If a firm is non-responsive, Contractor agrees to make a second attempt at
getting them to respond, failing which, Contractor will move on to another
company, all of which will be submitted to the City of Miami, and referred to
in the outreach close-out letter and summary report.
Question #4
(ONL Y APPLICABLE TO FIRMS THAT SUBCONTRACT)
Describe plans to structure project activities in ways to create
opportunities for Section 3 firms to participate, where applicable.
Contractor will make every effort to structure project activities to increase
opportunities for Section 3 businesses. This will be accomplished by subdividing
the work into smaller amounts, or by using multiple firms to complete similar
types of work.
Submitted by: Submission Date:
President Name, President
ATTACHMENT D
Procurement Procedures that Provide Preference
To Section 3 Business concerns
ATTACHMENT D
OMB Circular A-110 Appendix A
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall
contain the following provisions as applicable:
1. Equal Employment Opportunity -All contracts shall contain a provision
requiring compliance with E.O. 11246, "Equal Employment Opportunity," as
amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," and as supplemented by regulations at 41 CFR part
60, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor."
2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All
contracts and subgrants in excess of $2000 for construction or repair awarded by
recipients and subrecipients shall include a provision for compliance with the
Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department
of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the
United States"). The Act provides that each contractor or subrecipient shall be
prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the
compensation to which he is otherwise entitled. The recipient shall report all
suspected or reported violations to the Federal awarding agency.
3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7) - Required by
Federal program legislation, all construction contracts awarded by the recipients
and subrecipients of more than $2000 shall include a provision for compliance
with the Davis -Bacon Act (40 U.S.C. 276a to a -i) and as supplemented by
Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions
Applicable to Contracts Governing Federally Financed and Assisted
Construction"). Under this Act, contractors shall be required to pay wages to
laborers and mechanics at a rate not less than the minimum wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors
shall be required to pay wages not less than once a week. The recipient shall
place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation and the award of a contract shall be
conditioned upon the acceptance of the wage determination. The recipient shall
report all suspected or reported violations to the Federal awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) -.
Where applicable, all contracts awarded by recipients in excess of $2000 for
construction contracts and in excess of $2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance
ATTACHMENT D
with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29
CFR part 5). Under Section 102 of the Act, each contractor shall be required to
compute the wages of every mechanic and laborer on the basis of a standard
work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than 1 times the
basic rate of pay for all hours worked in excess of 40 hours in the work week.
Section 107 of the Act is applicable to construction work and provides that no
laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of
intelligence.
5. Rights to Inventions Made Under a Contract or Agreement - Contracts or
agreements for the performance of experimental, developmental, or research
work shall provide for the rights of the Federal Government and the recipient in
any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), as amended - Contracts and subgrants of
amounts in excess of $100,000 shall contain a provision that requires the
recipient to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251 ct seq.). Violations
shall be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
7. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply
or bid for an award of $100,000 or more shall file the required certification. Each
tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with
non -Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be
made to parties listed on the General Services Administration's List of Parties
Excluded from Federal Procurement or Nonprocurement Programs in
accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list
ATTACHMENT D
contains the names of parties debarred, suspended, or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory
authority other than E.O. 12549. Contractors with awards that exceed the small
purchase threshold shall provide the required certification regarding its exclusion
status and that of its principal employees.
ATTACHMENT E
DECLARATION OF RESTRICTIVE COVENANTS
it:Document 199796.doc